Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-02-11
taken from Lampasas, Comanche, Brown
and Hamilton. This bill passed the Sen
ate two or three weeks ago.

AUSTIN, Tex, Feb. 9.-One of the mos
interesting discussions of the session
arose in the Senate this morning on Sen
ator Woods substitute to Senator Allen!
! amendment to House bill No. 81, to regu
late the carrying of arms in the state
/ Senator Anen's amendment used the
language, cor may be Imprisonment foI
not more than thirty days" Senator
/ Woods substitute for the anendmen
reads, land shall be confinement in the
county jail for not less than thirty nel
more than fifty days"
Senator Simkins, speaking in favor O.
substitute, said that if,the Legislature mac
the power to pass law regulat
/ iny the carrying of arms, il hould
} go far enough if possible to prescribe q
penalty the enforcement of which would
, put an end to the perniciOus prac.
tiCe. He believed that peCuniaTy tines
were not sufficient, and therefore he IA
vored Imprisonment as part of the pen
/ atty.
| Senator UpshaW opposed the measure
on the ground that while it would not
lessen the evil it would impose extra re.
strictions on the peaceful citizens and
have no effect on the desperate class,
referring to Kentucky and other states as
examples Of the increase of murders and
assaults where similar statutes were en-
acted.
Senator Allen expressed himself as be-
lievlng that the ma jor;ty of citizens were
law-abiding and would not carry pistols
in violation Of q measure regulating
the carrying of arms, and that
the minority, who did not respect the
law except as to its power to punish,
ought to be placed under such restric-
lions that they could not afford to violate
its provisions.
Senator Lane opposed the substitute
because his experience in watching the
workings of the law was the penalty was
already too great for the poor man who,
if fined, wOuli have to lay it out in Jail,
while in the case of influential citizens
the officers often ignored the law by fail
lug to arrest and prosecute because OF
the excessive tfles.
Senator Burgess opposed it on caaSti-
tutiOnal grounds, believing it to be il
couRjct with the provisions of the constr
tuition allowing every citizen tc bear
arms in defense OF himself and the state.
Senator Gregg answered the objection
Of Senator Burgess by citing decisions
from the Supreme court where it held
that the law was constitutional. Re
fsrring to 8 point made by one Of the op-
ponents OF the measure that it inflicted
disgrace on the nice young men and re
spectacle citizens who might be caught
carrying d pistol, he said that the same
might be said OF the law Furnishing theft,
murder and other crimes; that he could
IiFararPn HZ4 ba
committed the crime, and he did not
think the law could make distinctions.
Senator Pope objected to the passage
OF the substitute and amendment, taking
the ground that its unCOrstitutionality
arose from its conflict with the constitu-
ton OF the United States, that the state
constitution did not conflict with the
federal. Speaking in reference to the
effect OF the Imprisonment clause, he be-
lieved that it would be humilisting in its
effect ON the better class of citizens, and
that the desperate class would not be de-
TERED by increasing the punishment and
adding Imprisonment.
Senator Calhoun favored the passage of
the substitute, and said he believed that
if the law could he increased to not less
than two years in the penitentiary it
would make the law entirely effective to
break up the practice. He cited the eff
feet of the severe penalty against dueling
in the different states, claiming that it had
driven the practice out of existence.
Senator Jarvis favored the passage CT
the substitute, and prefaced his remarks
by calling the attention of the Senate to
the killing of COPYRIGHT in Fort Worth
as & striking example of the results of
unlaWfuyy carrying arms Referring
to the objection of Sena-
tor Burgess on constitutional
grounds, he said by the decision of
our Appellate court it was admitted TO
be in accord with the constitution of
Texas, and so long as no cases were
taken up to the United States courts upon
which the question of conflict was raised
be would pass it by. He ssid further
that there would always be found some
men VINO would violase bOtl tee laws of
God and man, and for that very leasop
there should be severe penalties attached
to sucl violations, ami if pecuniary
punishment was not sufficient to break
up the unlawful carrying of arms he ia
vCrei adding the imprisonment penalty.
Senator Terrell believed in legislatiDg
morals in the people if necessary for the
welfare Of the government; that the
pistol law ought to be enforced and the
peualty Increased to make il effective If
il took one day, ten days or month in
prison; then nice men and good boys
would stop carrying pistols.
Senator Burney, speaking in favor of
the substitute, asked if the Senators op-
posing the measure were in favor of
fostering the carrying of pistols. If
they were, then he could understand them,
but if 1t was their Intention to legislate
in favor of enforcing the law he could
not see how they consistently opposed
the increase OF the penalty to prevent the
crime.
Senator Macmanus favored the substi-
tute, believing that in the strict enforce
ment of the law as so amended rested the
security OF life and prosperity to peaceful
citizens. Speaking of the right to carry
arms, he thought that it only extended to
the time of war and great emergency;
that citizen who carried pistol on the
street in time OF peace was at war with
society, and he was in favor of restoring
the whipping post and in addition to
thirty days imprisonment adding, thirty
stripes upon the bare back.
Inc substitute LOT lne Amendment was
hen carried, after several motions to
table and reconsider.
President Wheeler then put the bill as
amended TO a vote on its passage to
hird reading. Then the novel situation
# the opponents of the bill, Senators
Burgess, Camp, Houston, Pope, Upshsw
md Lane, refusing to vote when their
lanes were called, making one vote less |
han O quorum, looked like defeat to the !
majority, but after several calls Of |
he Senate and searching o. |
Iles to find clause suitable TO the IN |
state OF affairs, Senator Lane |
anne to the conclusion that he was doing |
wrong n obstructiDg legislation, and cast |
lis vote a.; qinst the bill, making the nee
ssa.y NUM- ar of quorum. The bill |
hen passed to IS third reading and will
pobo hIv Gonna, \ ON itS Anal no sSsua tn